PUBLIC LAW 104-264—OCT. 9, 1996 110 STAT. 3219 SEC. 123. USE OF APPORTIONED AMOUNTS. (a) PERIOD OF AVAILABILITY.— Section 47117(b) is amended by inserting before the period at the end of the first sentence the following: "or the 3 fiscal years immediately following that year in the case of a primary airport that had less than.05 percent of the total boardings in the United States in the preceding calendar year". (b) SPECIAL APPORTIONMENT CATEGORIES.— Section 47117(e)(1) is amended— (1) by striking "made available under section 48103" and inserting "available to the discretionary fund under section 47115"; , (2) by striking subparagraphs (A), (C), and (D); (3) by redesignating subparagraphs (B) and (E) as subparagraphs (A) and (B), respectively; (4) in subparagraph (A), as so redesignated, by striking "at least 12.5" and inserting "At least 31"; (5) by adding at the end of subparagraph (A), as so redesignated, the following: "The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not such 31 percent requirement is being met in that fiscal year."; (6) in subparagraph (B), as so redesignated, by striking "at least 2.25" and all that follows through "1996," and inserting "At least 4 percent for each fiscal year thereafter"; and (7) by inserting before the period at the end of subparagraph (B), as so redesignated, the following: "and to sponsors of noncommercial service airports for grants for operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant". (c) CONFORMING AMENDMENTS.— Section 47117(e) is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2). SEC. 124. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS. (a) GENERAL REQUIREMENTS.— Section 47118(a) is amended to read as follows: "(a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall designate current or former military airports for which grants may be made under section 47117(e)(1)(B) of this title. The maximum number of airports bearing such designation at any time is 12. The Secretary may only so designate an airport (other than an airport so designated before August 24, 1994) if— "(1) the airport is a former military installation closed or realigned under— "(A) section 2687 of title 10; "(B) section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note); or "(C) section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note); or
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